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Pennsylvania AG Settles with Law firms over Alleged Deceptive Debt Settlement Services

CFPB Monitor

On January 24, 2024, Pennsylvania Attorney General, Michelle Henry announced a settlement with attorney Erik M. Respondents) to resolve alleged violations of the Pennsylvania Unfair Trade Practices and Consumer Protection Law (UTPCPL), the Pennsylvania Debt Settlement Services Act (DSSA), and the federal Telemarketing Sales Rule (TSR).

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FanDuel Launches Stand-Alone Casino App In Pennsylvania

PYMNTS

Fans of gambling in Pennsylvania will have access to a new stand-alone gambling app with FanDuel Group ‘s newest product, according to a press release. The new incarnation of the Casino app is stand-alone and only available in Pennsylvania thus far, and the release says it will be “secure, legal and fully regulated.”

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Pennsylvania amends data breach notification law

CFPB Monitor

In early November, Pennsylvania amended its data breach notification law broadening the definition of personal information. This amendment also brings Pennsylvania law into alignment with other states, such as California, that have a similar definition of personal information.

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Pennsylvania appellate court rejects claim that dunning letter sent post-expiration of the statute of limitations violated law

CFPB Monitor

On March 30, 2023, a three-judge panel of the Superior Court of Pennsylvania held in a precedential opinion that debt collectors can send collection letters to debtors after the expiration of the statute of limitations without violating federal or Pennsylvania law, so long as the debt collector does not file suit in court.

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Pennsylvania Attorney General files lawsuit against lead generator for role in assisting unlawful telemarketing calls

CFPB Monitor

On November 3, 2022, Pennsylvania Attorney General (and Governor-Elect) Josh Shapiro announced that his office had filed a lawsuit in the U.S. District Court for the Western District of Pennsylvania against New York-based Fluent, Inc.—a million Pennsylvania consumers provided their information on one of Fluent’s websites.

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Pennsylvania federal court holds Reg J defenses alone do not create federal question jurisdiction

CFPB Monitor

A Pennsylvania federal district court recently held that Regulation J did not completely preempt state law claims related to a wire transfer, and thus did not fall under the “complete preemption” exception to the “well-pleaded complaint rule.” The Pennsylvania federal court’s decision is in-line with decisions from the U.S.

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Pennsylvania federal district court rules alleged violation of state’s Motor Vehicle Sales Finance Act creates claim under Uniform Commercial Code

CFPB Monitor

A Pennsylvania federal district court has ruled that the plaintiffs’ allegations that notices of repossession sent by a bank failed to comply with the state’s Motor Vehicle Sales Finance Act (MVFSA) were sufficient to state a claim under the Pennsylvania Uniform Commercial Code (UCC).